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ORD 2012-02 P&ZTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2012-02 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2011-27 P&Z AMENDING ORDINANCE NO. 2010-20 P&Z, AMENDING ORDINANCE NO. 2000-14 P&Z, AMENDING ORDINANCE NO. 99-17 P&Z OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT NO. 21, WHICH AMENDED THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING FOR AN AMENDMENT TO EXHIBIT "C", "DEVELOPMENT STANDARDS", SUBSECTION "A(1 )(c)(ii) PERMITTED USES" TO ADD A FUEL STATION (ACCESSORY USE TO A GROCERY STORE OR OTHER ANCHOR TENANT) AND A GROCERY STORE AS A PERMITTED USE FOR TRACT 1, TO BE OPEN TO THE PUBLIC AND OPERATED FOR ITS INTENDED PURPOSES AS ALLOWED BY THE TERMS OF PLANNED DEVELOPMENT NO. 21; PROVIDING FOR AN AMENDMENT TO SUBSECTION "(A)(1 )(G)(II) MAXIMUM FLOOR AREA, NUMBER OF BUILDINGS" PROVIDING FOR AN AMENDMENT TO SUBSECTION "(A)(1)(H) PARKING, LOADING REGULATIONS"; PROVIDING FOR AN AMENDMENT SUBSECTION "(A)(1) PURPOSE" IS HEREBY AMENDED AS FOLLOWS TO ADD SUBSECTION "(I) FUEL STATION ACCESSORY USE REGULATIONS"; PROVIDING FOR AN AMENDMENT TO SUBSECTION "(A)(3) HOURS OF OPERATION"; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING APPLICABLE REGULATIONS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 99-17 P&Z of the Town of Trophy Club zoned that certain tract of land (the "Land"), described as a 13.97 acre tract of land as PO Planned Development No. 21 (PD-21) for Professional, Business and Retail uses, said tract generally known as the Trophy Club Plaza; and WHEREAS, on or about July 18, 2000, Ordinance No. 99-17 P&Z was amended by the passage of Ordinance No. 2000-14 which allowed the addition of a laundry and dry cleaning facility to the approved uses in PD-21; and WHEREAS, on or about May 10, 2010, Ordinance No. 99-17 P&Z was amended by the passage of Ordinance No. 2010-20 P&Z which allowed outdoor display of propane for sale inside the Walgreen Co. store; and WHEREAS, on or about July 18, 2011, No. 99-17 P&Z was amended by the passage of Ordinance No. 2011-27 P&ZO which allowed a liquor store as a permitted use on Tract 1; and WHEREAS, on or about December 13, 2011, the owner of the Land, Regency Centers L.P., filed an application with the Town Planning and Zoning Commission requesting an amendment to PD-21 to allow a fuel station (accessory use to a grocery store or other anchor tenant), as a permitted use; and WHEREAS, all legal notices, requirements and conditions having been complied with, the proposed amendment to PD-21 came before the Planning and Zoning Commission and Town Council; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendment to PO Planned Development #21 as set forth in this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance amending PO Planned Development #21 as set forth specifically below is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, as previously amended, the same being the Town's Planned Development No. 21, Exhibit "C" entitled "Development Standards", Subsection "(A)(1)(c)(ii) Permitted Uses" is hereby amended as follows to add a "Grocery Store" use and "Fuel Station as Accessory to Grocery ORO 2012-02 Page 2 of6 Store or Other Anchor Type Use", placed in alphabetical order in the existing list of permitted uses, for Tract 1 of PD-21 which shall be and read as set forth below, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. Purpose: "1. Tracts 1, 2 & 3 (Retail uses, as depicted in Exhibit "8"): The following standards shall apply to Tracts 1, 2 & 3, except as otherwise provided: (c) Permitted Uses: ... (ii) Other uses permitted include: Fuel Station Accessory to Grocery Store or Other Anchor Type Use (Only allowed in Tract 1) 2.02 Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, as previously amended, the same being the Town's Planned Development No. 21, Exhibit "C" entitled "Development Standards", Subsection "(A)(1)(g)(ii) "Maximum floor area, number of buildings" is hereby amended to be and read in its entirety as set forth below, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. Purpose: "1. Tracts 1, 2 & 3 (Retail uses, as depicted in Exhibit "8"): The following standards shall apply to Tracts 1, 2 & 3, except as otherwise provided: (g) Area and building regulations: (ii) Maximum floor area, number of buildings: The maximum combined square footage of all main and accessory buildings shall be 126,563 square feet. No more than six (6) buildings shall be constructed or located in Tracts 1, 2 & 3. No building shall contain more than 64,100 square feet. 2.03 Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, as previously amended, the same being the Town's Planned Development No. 21, Exhibit "C" entitled "Development Standards", Subsection "(A)(1)(h) "Parking, loading regulations", is hereby amended to be and read in its entirety as set forth below, and all other articles, ORD 2012-02 Page 30f6 chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. Purpose: "1. Tracts 1, 2 & 3 (Retail uses, as depicted in Exhibit "8"): The following standards shall apply to Tracts 1, 2 & 3, except as otherwise provided: (h) Parking. loading regulations: The minimum number of off-street parking spaces shall be one (I) space for each 215 square feet of building area. In all other respects, off-street parking shall comply with Section 7.04, Off-Street Parking Requirements of the Comprehensive Zoning Ordinance. Off-street loading shall be in accordance with Section 7.05, Off-Street Loading Regulations of the Comprehensive Zoning Ordinance. Landscaped islands shall, on an overall site plan average, be provided for every twelve (12) parking spaces. Handicapped parking, including van accessible spaces, shall be provided according to Town standards." 2.04 Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, as previously amended, the same being the Town's Planned Development No. 21, Exhibit "C" entitled "Development Standards", Subsection "(A)(1) Purpose" is hereby amended as follows to add Subsection "(i) Fuel Station Accessory Use Regulations" which shall be and read in its entirety as set forth below, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. Purpose: "1. Tracts 1, 2 & 3 (Retail uses, as depicted in Exhibit "8"): The following standards shall apply to Tracts 1,2 & 3, except as otherwise provided: (i) Fuel Station Accessory Use Regulations. A Fuel Station shall only be allowed on Tract 1 and shall only be allowed as an accessory use to a Grocery Store or other anchor type use. Only the sale of fuel shall be allowed." 2.05 Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, as previously amended, the same being the Town's Planned Development No. 21, Exhibit "C" entitled "Development Standards", Subsection "(A)(3) "Hours of operation", is hereby amended to be and read in its entirety as set forth below, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: ORD 2012-02 Page 4of6 A. Purpose: "3. Hours of operation of uses: Hours of operation for the uses set forth herein shall be from 6:00 a.m. to 11 :00 p.m. except the Grocery Store, Pharmacy, Fuel Station Accessory to Grocery Store or Other Anchor Type Use, and FitnesslWorkout Facility shall be twenty four (24) hours. No outside sales of any kind shall be conducted, including but not limited to, truck lot, pedestrian walkway, tent or other sales. Hours of delivery services shall be from 6:00 a.m. to 6:00 p.m." SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 4. CUMULATIVE REPEALER This Ordinance shall be cumulative of a" other ordinances of the Town affecting land and zoning and specifically PD Planned Development #21, and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 6. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not ORO 2012-02 Page 50f6 affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as set forth in the home rule Charter of the Town and by filing this Ordinance in the Ordinance records of the Town. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the Town of Trophy Club, Texas this the 23rd day of January, 2012. ATTtFST: 1/ [SEAL] ORO 2012-02 C nie White, Mayor Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Page 6of6